Appeal No. 1999-0611 Page 11
Application No. 08/814,272
having an arch-shaped pattern to give the garage door a
different "aesthetic" look. From our viewpoint, such an arch-
shaped pattern would comprise a top frame member having a
lower edge with an upwardly arched shape, as required by claim
17.
Accordingly, we shall sustain the examiner's rejection of
claims 4 and 17 under 35 U.S.C. § 103 as being unpatentable
over Lewis.
With regard to claim 13, the examiner implicitly concedes
that Lewis does not disclose the upright members of the design
patterns (176 to 186) having "upwardly and inwardly directed
beveled top ends." However, the examiner contends that the
provision of mullions or moldings having beveled surfaces
would have been obvious "to improve aesthetics" (final
rejection, page 3). Further, the examiner asserts on page 6
of the answer that "most mullions" are beveled and the
appellant has not challenged this assertion. Accordingly, we
shall accept the examiner's position that mullions having
beveled edges are very common and find that such mullions
would thus have commended themselves to one of ordinary skill
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